23A-17-1
(Rule 20(a)) Consent by defendant to waive trial and accept disposition in county where
arrested or held--Approval by prosecuting attorneys--Transmittal of papers.
23A-17-2
(Rule 20(b)) Reserved.
23A-17-3
(Rule 20(c)) Return of papers to original county when defendant pleads not guilty.
23A-17-4
(Rule 20(d)) Reserved.
23A-17-5
(Rule 21(a)) Change of county when fair trial impossible in original county.
23A-17-6
(Rule 21(b)) Change of county for convenience on consent of parties.
23A-17-7
(Rule 21(c)) Transmittal of papers on change of counties.
23A-17-8
(Rule 22) Time for motion to transfer.
23A-17-9
Costs and fees on transferred case paid by original county.
23A-17-1. (Rule 20(a)) Consent by defendant to waive trial and accept disposition in county where arrested or held--Approval by prosecuting attorneys--Transmittal of papers.
A defendant arrested, held, or present in a county other than that in which the indictment, information, or complaint is pending against him may state in writing that he wishes to plead guilty or nolo contendere, to waive trial in the county in which the indictment, information, or complaint is pending and to consent to disposition of the case in the county in which he was arrested, is held, or is present, subject to the approval of the prosecuting attorney for each county. Upon receipt of the defendant's statement and of the written approval of the prosecuting attorney, the clerk of the court or the court in which the indictment, information, or complaint is pending shall transmit the papers in the proceeding or certified copies thereof to the clerk of the court or court for the county in which the defendant is held and the prosecution shall continue in that county.
Source: SL 1978, ch 178, § 221.
23A-17-3. (Rule 20(c)) Return of papers to original county when defendant pleads not guilty.
If, after the proceeding has been transferred pursuant to § 23A-17-1, the defendant pleads not guilty, the clerk of the court or the court shall return the papers to the court in which the prosecution was commenced and the proceeding shall be restored to the docket of that court. The defendant's statement that he wishes to plead guilty or nolo contendere shall not be used against him without his consent.
Source: SL 1978, ch 178, § 223.
23A-17-5. (Rule 21(a)) Change of county when fair trial impossible in original county.
A court upon motion of a defendant shall transfer his proceedings to another county if the court is satisfied that there exists, in the county where the prosecution is pending, so great a prejudice against the defendant that he cannot obtain a fair and impartial trial at any place fixed by law for holding court in that county.
Source: SDC 1939 & Supp 1960, § 34.0817; SDCL, § 23-28-7; SL 1978, ch 178, § 225.
23A-17-6. (Rule 21(b)) Change of county for convenience on consent of parties.
Upon the consent of both parties and for the convenience of parties and witnesses, and in the interest of justice, a court may transfer proceedings or any one or more of the counts thereof to another county.
Source: SL 1978, ch 178, § 226.
23A-17-7. (Rule 21(c)) Transmittal of papers on change of counties.
When a transfer is ordered the clerk of courts of the original county shall transmit to the clerk of the court to which the proceeding is transferred all papers in the proceeding or duplicates thereof and any bail taken, and the prosecution shall continue in that county.
Source: SDC 1939 & Supp 1960, §§ 34.0818, 34.0819; SDCL, §§ 23-28-9, 23-28-10; SL 1978, ch 178, § 227.
23A-17-8. (Rule 22) Time for motion to transfer.
A motion to transfer under this title may be made at or before arraignment or at such other time as the court or this title may prescribe.
Source: SL 1978, ch 178, § 229.
23A-17-9. Costs and fees on transferred case paid by original county.
The payment of all costs and fees incurred as a result of a transfer and all subsequent proceedings shall be paid by the county where the prosecution was commenced.
Source: SL 1978, ch 178, § 228.
